Madras High CourtCRL OP/4573/2016disposed of

K. Krishnan, v. State By The Superintendent

2016-03-30Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.4573 of 2016 K.Krishnan ... Petitioner Vs.

1.The Superintendent of Police, Dharmapuri District.

2.The Inspector of Police, Athiyamaan Kottai Police Station, Dharmapuri District.

3.The Commissioner of Police, The Commissioner Office, Salem District.

4.The Inspector of Police, Fairlands Police Station, Salem District.

(R3 and R4 Impleaded as per the Order of this Court Dated 22.03.2016 made in Crl.M.P.No.3050 of 2016 in Crl.O.P.No.4573 of 2016) ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the second respondent to register the case for the complaint dated 02.02.2016 and proceed with the investigation in accordance with law including filing the final report in a time framed manner. For Petitioner : Mr.G.Santhosh Kumar For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondent to register the complaint dated 02.02.2016 and to proceed with the investigation in accordance with law including filing the final report in a time framed manner.

https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent police on 02.02.2016, but the respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief. 3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, investigation is going on. 4.Considering the rival submissions made on both sides, on the basis of the complaint given by the petitioner as investigation is going on, the fourth respondent police is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC)] and register a case, if any cognizable offence is made out.

5.With the above direction, this Criminal Original Petition is disposed of.

pri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Dharmapuri District.

2.The Inspector of Police, Athiyamaan Kottai Police Station, Dharmapuri District.

3.The Commissioner of Police, The Commissioner Office, Salem District.

4.The Inspector of Police, Fairlands Police Station, Salem District.

5.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.G.Santhosh Kumar, Advocate Sr 19914 KR/11/4/16 Crl.O.P.No.4573 of 2016 https://hcservices.ecourts.gov.in/hcservices/